Searle v Wallbank 1946

Question 1

Summary

Answer 1

An animal strayed onto the highway from an owner of land next to the highway.

Question 2

Relevant part of Law

Answer 2

Tort of Negligence

Question 3

Issue

Answer 3

Under common law, an owner of land next to a highway is not liable for the damage caused by their animals who have strayed on the highway (no duty of care). They were not legally obliged under this law to maintain their hedges fences, and gates to ensure the animals do not stray on to the road.

Question 4

Key Outcome

Answer 4

Upheld the common law